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Ordinance No. 1765 <br />Page 17 <br /> <br /> B. Commercial or industrial / warehouse development consisting of the repair or <br />replacement of structures, provided, that such repair or replacement does not result in any <br />conversion or change in land use which increases the peak hour trip rate applicable to the <br />previous structure, or any enlargement of gross floor area beyond that of the previous <br />structure. <br /> <br /> C. Additions, extensions or enlargements of an existing commercial, office/retail, <br />or light industrial / warehouse structure which, in any calendar year, do not increases the <br />gross floor area of the structure by 200 square feet or more. <br /> <br />3.26.100 Use of Funds <br /> <br /> The fees paid pursuant to the provisions of this Chapter shall, except for temporary <br /> investments, be placed in a separate fund in a manner to avoid cornmingling of the fees <br /> with other revenues or funds of the City, and shall be used solely for the purpose of <br /> acquiring and constructing the traffic improvements identified by the City Council. Any <br /> interest income earned on the fund shall also be deposited therein and shall only be <br /> expended for the purposes set forth in this section. <br /> <br /> 3.26.110 Refunds <br /> <br /> Refunds may be made where: <br /> <br /> A. Development has ceased, the building permit has expired and no extensions <br /> have been granted, or if granted, the extension(s) have expired; as to a development for <br /> which the fee required under this Chapter has been collected; provided that the claim for <br /> such a refund is filed no later than six months after the expiration date of the building <br /> permit, or any extension thereof as may have been approved by the City; or <br /> <br /> B. A refund is specifically authorized by resolution of the City Council adopted <br /> pursuant to Govemment Code section 66001(d). Such amounts shall be refunded by the <br /> City to the then-current record owners of the development on a prorated basis. The City <br /> may effect such refunding by direct payment, or by providing credit towards future traffic <br /> improvements fees, or by any other means consistent with the intent of Government Code <br /> section 66001. <br /> <br /> 3.26.120 Appeals <br /> <br /> A developer may appeal to the City Council any final administrative determination made <br /> pursuant to this Chapter, after exhausting all other appeals provided in this Chapter, and <br /> <br /> <br />